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IN THE CIRCUIT COURT OF TNE
19TN JUDICIAL CIRCUIT~ IN
AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA
CASE N0. 80-1238-FR
IN RE: THE MARRIAGE OF
STEPHEN KALAMAJKA,
Petitioner/Husband
and
CHARYL MAE KALAMAJKA,
Respondent/Wife
/
~ ORDER OV
PETITION TO VACATE AND SET ASIDE FINAL JUDGMENT OF
DISSOLUTION OF *~tARRIAGE
THIS CAUSE came on for hearin~ on the tdife's Petition to Vacate and
Set Aside The Final Jud~ment of Dissolution, and the Court, findin~ that
the parties entered into a property settlement a~;reement on September 17,
1980 which was Prepared by the husband, and that althouQh the wife was
advised that she had a right to do so, she did not have independent
counsel. At the time of the sig~ing of the propertv settle~nent a~reement,
the wife also sioned an Answ.er and Wai~~er to a petition for dissolution
which was subsequently granted on October 6~ 1980, which was within 20
days of the signing of the property settlement agreement.
The Court finds that while there was no fraud involved, there was
overreaching, and that the wife acted in a timely manner in atter.~pting
to overturn.the agreement. Section 24~ Dissolution of Marriage,
Florida Jur. 2d, states, "If grounds for avoidance of the agreement are
discovered in time, the issue of validity may and should be raised in the
divorce proceeding before the court approves tlie agreement." In this
particular case, the wife was not gi.ven notice of the final hearin~
because of her signing a waiver of notice. Each case must be viewed upon
its individual facts, and in this case, the parties should have the
opportunity to bring before this Court, whatever equities they feel they
have in the marriage and the marria~e property.
THF.REFORE, IT IS ORDERED AND ADJUDGED that the Final Judgment of
a~`~ 347 F~~~ 13z
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